THE NATIVE PURPOSES ACT, 1937. REPORT AND RECOMMENDATION ON PETITION No. 82 OF 1936, OF HIRINI WHAANGA CHRISTY AND OTHERS, RELATIVE TO THE SALE OF THE MAHIA BLOCK.

Appendix to the Journals of the House of Representatives, 1940 Session I, G-06c

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1940. NEW ZEALAND.

THE NATIVE PURPOSES ACT, 1937. REPORT AND RECOMMENDATION ON PETITION No. 82 OF 1936, OF HIRINI WHAANGA CHRISTY AND OTHERS, RELATIVE TO THE SALE OF THE MAHIA BLOCK.

Presented to Parliament in pursuance of the Provisions of Section 16 of the Native Purposes Act, 1937.

Native Land Court, Auckland, 31st May, 1940. The Hon the Native Minister, Wellington. Te Mahia Block. Pursuant to section 16 of the Native Purposes Act, 1937, I transmit to you the report of the Court on the claims and allegations contained in Petition No. 82 of 1936, of Hirini Whaanga Christy and others, concerning the sale of this block. In view of the Court's report, I have no recommendation to make. Chas. E. MacCormick, Chief Judge.

The Native Land Act, 1931, and Section 16 of the Native Purposes Act, 1937. In the Native Land Court of New Zealand, Tairawhiti District.—ln the matter of the land formerly known as the Mahia Block ; and in the matter of a sale thereof to the Crown ; and in the matter of a Petition No. 82 of 1936, by Hirini Whaanga Christy and others, referred to the Court for inquiry and report. At a sitting of the Court held at Nuhaka on the 30th day of June, 1938, and the following days before Harold Carr, Esquire, Judge. The Court begs to report that — The Crown and the petitioners were represented and were heard at length. The land known as the Mahia Block was conveyed to the Crown by the leading chiefs of the day by deed dated the 20th October, 1864. As usual in cases where the title had not been investigated or the land surveyed, the boundaries of the area sold were defined by reference to natural features. These points are set out in the deed, and the area affected thereby was computed to be 16,000 acres. It is alleged by the petitioners that the survey (made by a Mr. Locke) of the purchased area wrongly included about 2,270 acres situate in the south-east corner, and that had the surveyor correctly followed the points named Tikapu and Pukewhatu as known to them (and mentioned in the deed), this area of 2,270 acres would not have been affected. It is further alleged by the petitioners that when the surveyor came to these two points he received such a hostile reception by those who objected to the sale of that part that he discreetly deviated the line away from these points and so disarmed the recOT^g 0 f the >Court it is found that in September, 1866, one Matenga te Takawhenua made application for the investigation of Tawapata. His boundaries were stated as at Taiporutu —thence by the sea to Maungatea the boundary of the Government and returning to Taiporutu." This terse description would embrace what was subsequently called Tawapata North and Tawapata February, 1867, Matenga's application was prosecuted by his nephew, Tamati Matangihia. On a counter olaim made by Wiremu te Ruamaunga, it was agreed as suggested by Ihaka Whaanga that the north part of the land be held over to be dealt with at a later sitting of the Court. Mr. Burton, the surveyor, in his evidence stated, inter alia, that the land to the north of the Mangatea Stream was the Mahia Block, Government land. A certificate of title was then ordered to issue for Tawapata South.

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PLAN OF MAHIA BLOCK

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In September, 1868, the Tawapata North Block came before the Court. Ihaka Whaanga was then the principal claimant. There were no disputes. Mr. Burton, surveyor, in his evidence referring to boundaries, again mentioned the boundary of the Government block on the west. The Hawke's Bay Herald of the 12th November, 1864, contains an interesting account of the visit of the Superintendent of the province (Mr. McLean) to the north end of Hawke's Bay undertaken with the view to the acquirement of land in that portion of the province. This narrative is from the pen of Mr. James Grindell, Clerk of the Resident Magistrate's Court, Napier, and who was one of the party and also one of the witnesses to the deed of sale. The party arrived at Mahia on the 17th October. 1864 ; the two days following were spent discussing the desires of the Crown while waiting the arrival of others said to be interested ; the terms of the sale were finally made on the 20th October. Grindell writes : — " The result of the meeting was the cession to the Government of a block of land containing by computation 16,000 acres for £2,000. £1,500 was paid on the spot, the remaining £500 to be paid on the completion of the survey with a proviso that if the block should then be found to exceed 16,000 acres, some further payment should be made in proportion to the excess. It was expected that the sale of this block would open the way for much larger purchases as was afterwards the case. The Mahia may be considered as the key-stone of the district. It has even been regarded by the Natives with peculiar interest as a place associated with many by-gone memories. Here aged men will sit and, in imagination, fight their battles over again whilst they relate to the young men tales of enterprise and desperate valour-scenes of bloodshed and fearful slaughter, &c." Dealing with the probabilities of a mistake having been made : — The boundary points set out in the deed of sale are presumed to be in geographical sequence and the petitioners have failed to show on their line (and between Tikapu and Pukewhatu) the following points that are also mentioned in the deed : Pakake a Mahere, Whakaumu a Hikatupuni, and Waerenganui. The inference that may be drawn is that these three points at least have been correctly followed. It will be observed that at the hearing of Tawapata South the northern boundary was shown as the Mangatea Stream. At the hearing of Tawapata North the western boundary was shown as the Government block. Ihaka Whaanga, the paramount chief, was an active claimant in both blocks, and neither he nor the others before the Court made any complaint of the Crown overlapping on either of the Tawapata Blocks. If such had been the case the probabilities are that Ihaka or some one would have made that fact known. Here we have maps opened for public inspection and comment and no complaints are made. From this it may be assumed that the boundaries had been correctly followed and that the line between the Mahia Block and the Tawapata Blocks was satisfactory to the Natives who had negotiated the sale and were then alive, and it matters little therefore whether Tikapu is where the surveyor has shown it or where the petitioners claim it to be. The Confiscated Lands Commission of 1928 dealt with a petition that claimed that 5,800 acres north of the Mangatea Stream had been wrongfully included in the sale —the Commission reported that the petitioners had not made out a case for relief. The attack on the sale has changed somewhat: formerly it was that 5,800 acres north of the Mangatea had been wrongly possessed by the Crown ; now it is that the surveyor adopted wrongly named points affecting an area of 2,270 acres. Taking all matters into consideration, the Court arrives at the conclusion that the claims of the petitioners are not justified and that the deed of sale gives effect to the understanding made between the Crown representative and the leading Natives of that day, except perhaps that the Crown paid for 16,000 acres and got 14,600 acres only. The Court has no recommendation to make in the matter. Attached is a tracing showing— (1) The Crown purchase netting 14,600 acres and the boundary points as followed by surveyor underlined in black. (2) The Tawapata Blocks. (3) The 5,800 acres referred to before the Confiscated Lands Commission, 1928. (4) The points Tikapu and Pukewhatu as located by the petitioners and double underlined in black, showing the 2,270 acres lying to the east thereof. For the Court: [l.s.] H. Carr, Judge. The Chief Judge, Native Land Court, care of Native Department, Wellington.

Approximate Cost of Paper.—Preparation, not given ; printing (472 copies), £5.

By Authority: E. V. Paul, Government Printer, Wellington. —-1940. Price 3d.]

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